Courts have addressed multiple False Claims Act (FCA) issues in the third quarter of this year. Below is a summary of top cases involving the constitutionality of the FCA’s qui tam provisions, the FCA’s scienter requirement,...more
10/15/2024
/ Anti-Retaliation Provisions ,
False Claims Act (FCA) ,
Health Care Providers ,
Pleading Standards ,
Public Disclosure ,
Qui Tam ,
Regulatory Requirements ,
Relators ,
Scienter ,
Settlement ,
Unconstitutional Condition
On March 12, the U.S. Court of Appeals for the Second Circuit issued an important decision that sheds light on the test for determining scienter under the federal Anti-Kickback Statute (AKS). The Second Circuit reasoned that...more
On November 28, the U.S. Court of Appeals for the Second Circuit held that the service-of-process clock for a False Claims Act (FCA) qui tam complaint begins to run when the district court orders the complaint to be served,...more